SENATE FLOOR VERSION - HB2258 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION April 22, 2025 AS AMENDED ENGROSSED HOUSE BILL NO. 2258 By: Miller of the House and Daniels of the Senate [ statutes and reports - Uniform Electronic Legal Material Act - publishers – designation - authentication of legal m aterials – presumption - burden of proof - requirements for preservation of materials - public access – uniformity – codification - effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31.1 of Title 75, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the "Uniform Electronic Legal Material Act". SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31.2 of Title 75, unless there is created a duplication in numbering, reads as follows: As used in this act: SENATE FLOOR VERSION - HB2258 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; 2. "Legal material" means, whether or not in effect: a. the Oklahoma Session Laws, b. the Oklahoma Statutes, c. the Oklahoma Administrative Code, d. the Oklahoma Register, e. a state agency rule that has or had the effect of law, or f. the following categories of state administrative agency decisions: (1) precedential decisions of the Oklahoma Tax Commission, (2) precedential decisions of the Oklahoma Corporation Commission, (3) precedential decisions of any other agency, board, commission, department or other entity of state government, or g. official opinions of the Attorney General; 3. "Official publisher" means: a. for the Constitution of the State of Ok lahoma, the Oklahoma Secretary of State, SENATE FLOOR VERSION - HB2258 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. for the Oklahoma Session Laws, the Oklahoma Secretary of State, c. for the Oklahoma Administrative Code, the Office of Administrative Rules within the Office of the Oklahoma Secretary of State, d. for the precedential decisions of the Oklahoma Tax Commission, the Oklahoma Tax Commission, and e. for the precedential decisions of the Oklahoma Corporation Commission, the Oklahoma Corporation Commission; 4. "Publish" means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher; 5. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; a nd 6. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31.3 of Title 75, unless there is created a duplication in numbering, reads as follows: SENATE FLOOR VERSION - HB2258 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 This act applies to all legal material in an electronic record that is designated as official un der Section 4 of this act and first published electronically on or after the effective date of this act. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31.4 of Title 75, unless there is created a duplication in numbering, reads as follows: A. If an official publisher publishes legal material only in an electronic record, the publishe r shall: 1. Designate the electronic record as official; and 2. Comply with Sections 5, 7, and 8 of this a ct. B. An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with Sections 5, 7, an d 8 of this act. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31.5 of Title 75 , unless there is created a duplication in numbering, reads as follows: An official publisher of legal mater ial in an electronic record that is designated as official under Section 4 of this act shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user f rom the publisher is unaltered from the official record published by the publisher. SENATE FLOOR VERSION - HB2258 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31.6 of Title 75, unless there is created a duplication i n numbering, reads as follows: A. Legal material in an electronic record that is authenticated under Section 5 of this act is presumed to be an accurate copy of the legal material. B. If another state has adopted a law substantially similar to this act, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material. C. A party contesting the authentication of legal material in an electronic record authenticated under Section 5 of this act has the burden of proving by a preponderance of the evidence that the record is not authentic. SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes a s Section 31.7 of Title 75, unless there is created a duplication in numbering, reads as follows: A. An official publisher of legal material in an electronic record that is or was designated as official under Section 4 of this act shall provide for the pr eservation and security of the record in an electronic form or a form that is not electronic. B. If legal material is preserved under subsection A of this section in an electronic record, the official publisher shall: 1. Ensure the integrity of the recor d; SENATE FLOOR VERSION - HB2258 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Provide for backup and disaster recovery of the record; and 3. Ensure the continuing usability of the material. SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31.8 of Title 75, unl ess there is created a duplication in numbering, reads as follows: An official publisher of legal material in an electronic record that is required to be preserved under Section 7 of this act shall ensure that the material is reasonably available for use b y the public on a permanent basis. SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Sectio n 31.9 of Title 75, unless there is created a duplication in numbering, reads as follows: In implementing this act, an official publisher of legal material in an electronic record shall consider: 1. Standards and practices of other jurisdictions; 2. The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard -setting bodies; 3. The needs of users of legal material in an electronic record; 4. The views of governmental officials and entities and other interested persons; and SENATE FLOOR VERSION - HB2258 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. To the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in t his state and in other states that have adopted a law substantially similar to this act. SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31.10 of Title 75, unless there is created a duplica tion in numbering, reads as follows: In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. SECTION 11. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31.11 of Title 75, unless there is created a duplication in numbering, reads as follows: This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C., Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C., Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C., Sect ion 7003(b). SECTION 12. This act shall become effective January 1, 2026. COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY April 22, 2025 - DO PASS AS AMENDED